NAC639.5977. Prescription drugs: Sale to purchasing wholesaler.

     1. For each sale of a prescription drug to a purchasing wholesaler, the wholesaler must, as a reasonable assurance that the purchasing wholesaler is in compliance with the provisions of subparagraph (2) of paragraph (c) of subsection 2 of NRS 639.595:

     (a) Before the sale of the prescription drug, obtain from the purchasing wholesaler a written statement that contains a representation by the purchasing wholesaler that, for transactions which occur in this State, the purchasing wholesaler will only sell the prescription drug to a pharmacy or practitioner;

     (b) Possess written correspondence between the wholesaler and the purchasing wholesaler or between the purchasing wholesaler and other purchasers that evidences the compliance by the purchasing wholesaler with the provisions of subparagraph (2) of paragraph (c) of subsection 2 of NRS 639.595; and

     (c) Ensure that the following statement is written on the face of the invoice or other document which evidences the sale and on the face of any “Statement Identifying Prior Sales of Prescription Drugs by Wholesalers Required by the Prescription Drug Marketing Act” described in NAC 639.603 that accompanied the sale of the prescription drug printed in all capital letters and in at least 10-point type:

NEVADA LAW REQUIRES THAT YOU MUST SELL THE PRESCRIPTION DRUGS SOLD TO YOU AS SET FORTH IN THIS DOCUMENT ONLY TO PHARMACIES OR PRACTITIONERS. THE SALE OF ANY OF THE PRESCRIPTION DRUGS SOLD TO YOU AS SET FORTH IN THIS DOCUMENT TO ANY PERSON OR BUSINESS OTHER THAN A PHARMACY OR PRACTITIONER WILL RESULT IN A TERMINATION OF FUTURE SALES AND MAY SUBJECT YOU TO OTHER PENALTIES AS PRESCRIBED BY LAW.

     2. For the purposes of this section, the Board will consider the sale by a wholesaler to a purchasing wholesaler whose sole function is to distribute prescription drugs to pharmacies under common ownership with the purchasing wholesaler to be a sale to a pharmacy.

     (Added to NAC by Bd. of Pharmacy by R049-04, eff. 2-28-2005)